What was Tenancy Tribunal case 4931094 about?

The tribunal order states: The tenancy of Lupe Pelenato at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4931094?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,477.29 awarded to landlord; Water Rates: $682.41 awarded to landlord

What type of tenancy dispute was case 4931094?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4931094?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10658640-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4931094 about?

The tribunal order states: The tenancy of Lupe Pelenato at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4931094?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,477.29 awarded to landlord; Water Rates: $682.41 awarded to landlord

What type of tenancy dispute was case 4931094?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4931094?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10658640-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4931094 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4931094 — net $6,186.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31.7.2024	$5,477.29	Rent arrears to 31.7.2024
Water rates	$682.41	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,186.70
Total payable by Tenant to Landlord	$6,186.70

This hearing was conducted by teleconference. Only the landlord attended. The tenant was unable to be contacted on the number provided.

The landlord has applied for termination of the tenancy for abandonment, rent arrears and water charges. The bond is no longer held at the Bond Centre, having previously been paid to the landlord for rent arrears following mediation.

The landlord has filed two applications. Essentially, both are applications for termination of the tenancy, rent arrears and water charges. One is on the grounds of abandonment under the expedited process (which was not granted). This is application number 4931094. The other application (number 4929655) seeks termination for rent arrears.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 of the Residential Tenancies Act 1986 (the RTA). A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.

On 3 July 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord’s evidence is that he attended the premises after being alerted by neighbours. He gave notice to the tenant prior to arriving at the property. Upon entering the premises, he found that it was unoccupied, and the tenants had left large items by the road. Photographic evidence has been produced.

Rent was in arrears, and the landlord has now provided an updated rent summary showing rent from the start of the tenancy, the amounts due weekly, as required by the Tribunal following its order on 17 July 2024 declining the application under the expedited process (and referring it for a full hearing). The landlord has given oral evidence and confirmed that the rent summary is correct. Therefore, rent arrears has now been proved.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.

While the landlord also seeks compensation for other costs, as explained, these cannot be determined under this application, and another application will need to be filed. Filing fee

Because the landlord has been successful, the tenant is to pay the landlord’s filing fee. As both applications are similar, only one filing fee is awarded. Name suppression

An application for suppression has been made in this case by the landlord, and the Tribunal orders suppression of the landlord’s name and identifying details, in view of the landlord being successful in the proceedings.

Claims and awards in Tenancy Tribunal application 4931094 — net $6,186.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31.7.2024	$5,477.29	Rent arrears to 31.7.2024
Water rates	$682.41	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,186.70
Total payable by Tenant to Landlord	$6,186.70

Order

The tenancy of Lupe Pelenato at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on 1 August 2024.
Lupe Pelenato must pay [The landlord/s] $6,186.70 immediately, calculated as shown in the table below:

Reasons

This hearing was conducted by teleconference. Only the landlord attended. The tenant was unable to be contacted on the number provided.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and water charges. The bond is no longer held at the Bond Centre, having previously been paid to the landlord for rent arrears following mediation.
The landlord has filed two applications. Essentially, both are applications for termination of the tenancy, rent arrears and water charges. One is on the grounds of abandonment under the expedited process (which was not granted). This is application number 4931094. The other application (number 4929655) seeks termination for rent arrears.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 of the Residential Tenancies Act 1986 (the RTA). A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
On 3 July 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord’s evidence is that he attended the premises after being alerted by neighbours. He gave notice to the tenant prior to arriving at the property. Upon entering the premises, he found that it was unoccupied, and the tenants had left large items by the road. Photographic evidence has been produced.
Rent was in arrears, and the landlord has now provided an updated rent summary showing rent from the start of the tenancy, the amounts due weekly, as required by the Tribunal following its order on 17 July 2024 declining the application under the expedited process (and referring it for a full hearing). The landlord has given oral evidence and confirmed that the rent summary is correct. Therefore, rent arrears has now been proved.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.
While the landlord also seeks compensation for other costs, as explained, these cannot be determined under this application, and another application will need to be filed. Filing fee
Because the landlord has been successful, the tenant is to pay the landlord’s filing fee. As both applications are similar, only one filing fee is awarded. Name suppression
An application for suppression has been made in this case by the landlord, and the Tribunal orders suppression of the landlord’s name and identifying details, in view of the landlord being successful in the proceedings.

Tenancy Tribunal case 4931094 — Rent arrears

At a glance

Tenancy Tribunal case 4931094 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions